I have a DUI conviction, am I eligible as a sponsor

[loumeich]

Hello folks, I am a Canadian citizen, and I’m planning to sponsor my wife. However, I have a DUI conviction (no other conviction, fines paid). Would I be eligible as a sponsor?

I read the eligibility guide, and it says not eligible if convicted of violent crimes, sexual crimes, or crimes with max sentence of at least ten years. I don’t think my DUI conviction falls under these, so I should be eligible?

And if I am eligible, what extra documents do I need to submit?

 

[armoured]

I read the eligibility guide, and it says not eligible if convicted of violent crimes, sexual crimes, or crimes with max sentence of at least ten years. I don’t think my DUI conviction falls under these, so I should be eligible?

I don't believe the eligibility guide says that. Here's where I read it:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#eligibility

The emphasis here seems to be on violent crime.

If you read it somewhere else, pls give a link.

Note, the description you give seems to be eligibility of the applicant (the person to be sponsored), not the sponsor.

 

[loumeich]

I don't believe the eligibility guide says that. Here's where I read it:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#eligibility

The emphasis here seems to be on violent crime.

If you read it somewhere else, pls give a link.

Note, the description you give seems to be eligibility of the applicant (the person to be sponsored), not the sponsor.

Thank you for your response. In the link you sent, if you scroll down the “become a sponsor” section to “you may not sponsor if you…”, it says not eligible as a sponsor if convicted to violent crime or sexual crime or still in jail etc. So yeah it seems DUI does not bar me from becoming a sponsor.

 

[armoured]

Thank you for your response. In the link you sent, if you scroll down the “become a sponsor” section to “you may not sponsor if you…”, it says not eligible as a sponsor if convicted to violent crime or sexual crime or still in jail etc. So yeah it seems DUI does not bar me from becoming a sponsor.

As far as I'm aware, however, you may wish to get a quick consultation with a lawyer to confirm.

 

[loumeich]

As far as I'm aware, however, you may wish to get a quick consultation with a lawyer to confirm.

Yeah for sure will get a consultation with lawyer before we start the process.

 

[armoured]

Yeah for sure will get a consultation with lawyer before we start the process.

Note, I don't think it's an issue, but the intersection of criminal law and immigration is not as simple as would look.

If a lawyer (or other trust sources) confirm this issue, I don't see any obvious reason that you couldn't do the rest of the application yourselves.

[Side note that this a MUCH more fraught issue for permanent residents, for whom some types of convictions are not just a bar to sponsorship, but also grounds for revoking PR status (in some cases, anyway).]

 

[Ponga]

Thank you for your response. In the link you sent, if you scroll down the “become a sponsor” section to “you may not sponsor if you…”, it says not eligible as a sponsor if convicted to violent crime or sexual crime or still in jail etc. So yeah it seems DUI does not bar me from becoming a sponsor.

You're understandably overthinking this, yet the link makes it crystal clear:

You may not be able to sponsor if you…

• are sponsoring a spouse or partner but you signed an undertaking for a previous spouse or partner and it hasn’t been three years since they became a permanent resident,
• previously sponsored someone and did not pay back any social assistance that they received while the undertaking was in place.
• are in default on an immigration loan or a performance bond
• did not pay court-ordered alimony or child support
  For more information. See Defaults below.
• have declared bankruptcy which has not been discharged
• were convicted of
  • an offence of a sexual nature,
  • a violent crime,
  • an offence against a relative that caused bodily harm or
  • threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardon

Your DUI conviction is NOT listed, so...you're good.

If you had also been convicted of reckless, or dangerous driving as well, it would likely be an issue.